Execution of Decree:

Implementation of litigation is also known as execution of decree. Decree will

only be executed by court when the decree holder file and application for its
execution.
Process:
Initially plaintiff submit plaint in Court and in replying to this defendant
submit written statement. After the whole proceedings the Court pass final
decree in favor of one party. Then the next step is execution of decree.
The party in whose favor decree is passed is called decree holder
while the person against whose favor a decree is passed is called judgment
debtor.
Example
Let there is dispute between A and B over ownership of land. The Court
decided the matter in favor of A and decree is passed by Court in favor of A,
the next step ist that A will give application to the Court for execution. Here
after execution the land will be transferred to the A and will become owner of
it.
Section 36 CPC:
When a decree is passed, then decree holder will file an application under
section 36 CPC for its execution.
Application for Execution of Decree:
Order 21, Rule 10 of CPC explain the procedure of application for the
execution of decree. The application for the execution of decree will be given
to Court which has passed the decree or to any officer if appointed by Court
in this behalf.

Procedure:
When a decree holder give application for execution of decree then notice is
served to judgment debtor. After that objections of judgement debtor will be
heard only if.
 He has deposited decretal amount (the whole amount including
interest and stamps duty).
 Or furnishes security for the due performance of execution of decree.
Joint Decree Holder: (0 21, R 15)
When there are more than one decree holder then for the execution of
decree, an application can be given by one or more of them on behalf of all.
But when there is condition imposed by Court then every individual will give
application on his behalf.
Deceased (Decree Holder):
When decree holder dies before execution of decree then his legal
representative on his behalf will give an application for the execution of
decree.

Section 37 CPC
Which Court can execute decree?
The Court of first instant has better jurisdiction to execute the decree. In
case civil court execute decree in favor of Mr. A. And then it moves by way of
appeal to District Court, High Court and Supreme Court. The Supreme Court
also passed in favor of Mr. A.
Here the court of first instant has better jurisdiction to execute decree.
Exception:
When court of first instant has ceased to exist or to have jurisdiction to
execute the decree then the other Court which have jurisdiction can execute
it. For instance, the decree is transferred to other for its execution.
Appellate Court:
The appellate courts within same province may transfer the decree to its
subordinate courts for the execution, if the Courts thinks fit.

Section 38 CPC
Courts by which decree maybe executed
A decree may be executed by,
1. The court which passed it.
2. By the Court to which it sent for execution.

Comments
Ordinarily it would be the Court of first Instance which may execute a decree
a decree. But in case decree is sent for an execution to another Court due to
some reason like that of section 37 subsection b or section 39, 40 etc., then
such another court which do not actually passed the decree, may have the
same as power to execute it, as the Court which actually passed it has the
power to execute the same (decree).
The decree may be executed by the court to proceeding are transferred
under section 24 or 150.
Note.
Till the appeal is to be filed by the Judgement Debtor, it is the decree of
Court of first instance that is to be executed. If the appeal is filed and new
decree is passed by the appellate court in appeal or revision, then the decree
of Court of first instance merges with appellate decree given in appeal or
revision, whether the decree of the Court of First Instance is affirmed, varied
or reveres.
If an appeal is dismissed.
If an appeal is dismissed then no merger would take place, and decree of
Court of First instance would alone be capable of Execution.

Section 39 CPC
Mode of transfer of Decree for execution.
1st Mode of Transfer Decree: On the application of the decree holder
The Court which passed a decree may transfer the decree for execution to
another Court on the application decree holder on the following grounds.

1. If the person against whom the decree is passed (Judgement Debtor)

actually or voluntarily resides or carries on business, or personally works
for gain within the local limits of the jurisdiction of such other court.
2. If the Judgement Debtor has no property or has property but is insufficient
within the local limits of jurisdiction of Court which passed a decree to
satisfy the decree, and has property within the local limits of jurisdiction
of another Court.
3. If the decree directs the sale or delivery of immovable property situated
outside the local limits of jurisdiction of Court which has passed it, or
4. If the Court which passed a decree consider it for any other reason,
which.is on the record in writing, that the decree should be executed by
such other court.
Second mode of transfer of Decree.
Relevant Provision 39(2).
The court which passed a decree may on it’s own motion send it for
execution to any subordinate Court of competent Jurisdiction.
Comments: section 39 permits the trasner of whole decree for execution to
another Court, it doesn’t permit the transfer of Decree for partial or limited
purpose (execution).

Section 40 CPC
Transfer of Decree to court of another province
Where a decree is sent for execution to Court in another province. The
procedure for execution of decree shall be governed by the rules enforced in
transferred Province (the Province to which decree is passed for execution).

Section 41CPC
Result of Execution:
According to section 41 CPC, when a decree is sent to other Court for the
execution. Then such Court shall certify the previous Court regarding the
execution of decree. If the Court execute or failed to execute, but shall
certify the previous Court in both cases.
For example:
Court A sent decree for the execution to Court B. Here Court B shall certify
the Court A regarding the result of execution of decree.

Section 50 CPC
Enforcement Against Legal Representatives:
When during proceedings the death of party occurred then such party is
represented in the Court by the legal representative.
For instance, a decree is passed by the Court and during this judgement
debtor dies. Now the decree holder will give application for execution of
decree. Here decree will be executed against the legal representative of the
judgement debtor.

Declaratory Suit:
Here first of all declaratory suit will be filed. The Court will declare the status
of party. And then the decree will be executed against legal representatives.
Ancestral Property:
Ancestral property means inherited property that a person gets from his
relation in family. The legal heirs are legal liable to the extent of shares they
are entitled from property of elders.
For example:
A decree is executed against legal representatives which is of payment of
money. All will be liable to pay amount according to their shares.
Partition:
The partition of property is the discretion of Revenue authority. For partition
you have given an application under section 135 Land Revenue Act to ACR
(Assistant Commissioner Revenue). The Court can only declare the shares.
But in case of execution of decree, the revenue authority cannot ask you to
sell property for the payment of money. The Civil Court can ask you to sell
the property for payment of money. And the Court will order for sale of such
property.
Subsistence Allowance:
The Provincial Government may fix scales according to the rank, race and
nationality, of monthly allowance payable for the subsistence of judgement
debtor.
Let suppose if person has only income from his salary through which he
bear his family expenses then in such case the Court cannot attach his whole
salary. The Court cannot attach all property of judgement debtor due to
which he is affected.

Section 51 CPC
Powers of Court to Execute Decree Under Section 51 CPC:
1. By delivery of Property Specifically Decreed:
When decree is passed in favor of decree holder then he give application for
its execution. Let if decree is related to property then the Court will hand
over the said property to decree holder which decreed in his favor.
2. By attachment and sale or by sale without attachment of
property:
In case if judgement debtor is not appearing before Court or in any way
using delaying tactics then his property will be attached for reasonable time.
If still he is not cooperating then his property shall be sale in order to
execute the decree. The Court attach the property through Revenue
authority. Attachment means the rights of owner has been ceased.
3. By Arrest and Detention:
Normally a Civil Court do not arrest the person but it can. For instance, if
judgement debtor is not cooperating with Court during proceedings either
intervening in Court’s functions or he became absconded. Then Civil Court
arrest such person.
4. By Appointing Receiver:
Under order 40 of CPC, the Court may appoint receiver when it thinks fit.
Where it appears to the Court to be just and convenient, the Court may by
order,
 Appoint receiver of any property whether before or after decree.
 Remove any person from the possession or custody of the property.
 Commit the same to the possession, management or custody of the
receiver.
 And Confer upon the receiver all such powers as of management,
protection, preservation and improvement of that property, the
collection of the rents and profits thereof, and all other powers as the
Court thinks fit.

Discretion of Court:
It is the discretion of the Court to appoint the receiver. It is appointed by the
Court for the purpose, to investigate the property of judgement debtor with
the help of decree holder. It is appointed when judgement debtor refuses
that he has no property or money to satisfy the decree then with the help of
decree holder the Court appoint receiver to investigate the property of
judgement debtor. Then such property is attached by the Court in order to
execute the decree.
Who may be appointed as Receiver:
Receiver may any person appointed by the Court. Practically in Pakistani
Courts, usually a junior lawyer is appointed as receiver. The Court may also
appoint government officer in case where such property is of nature which
paying revenue to the government.
Object:
The main object of appointment of receiver is to protect and preserve the
subject matter of the litigation. He is responsible for protection of such
property to keep it in safe condition.
Remuneration:
The Court also fix remuneration for the receiver. This remuneration must
come out of such property and parties are not personally liable for it. The
remuneration should not exceed the income,
Liabilities of Receiver:
Every receiver appointed by the Court shall be liable to,
 To furnish security as the Court thinks fit.
 To pay the amount due from him as the Court directs.
 To submit his accounts at such periods and such in form as Court
directs.
 To protect and preserve such property.
 Be responsible for loss of such property caused due to his willful
default or gross negligence.
Enforcement of Receiver’s Duties:
If the receiver fails to submit his accounts at such periods and in such form
as Court directs or fails to pay due amount from him or loss caused to
property due to his willful default or gross negligence, then the Court may
order that his property to be attached and sale.